Judicial Notice

Question 1

Kind of Facts Subject to Judicial Notice

Answer 1

The court may judicially notice a fact that is not subject to reasonable dispute because it:

1) is generally known within the trial court’s territorial jurisdiction; or
2) can be accurately and readily determined from sources whose accuracy cannot be reasonably questioned

Question 2

Taking Judicial Notice

Answer 2

The court

1) may take judicial notice on its own; or
2) must take judicial notice if a party requests it and the court is supplied with the necessary information

The court may take judicial notice at any stage of the proceeding.

On timely request, a party is entitled to be heard on the proprietary to taking judicial notice and the nature of the fact to be noticed. (opposing side is entitled to be heard)

Question 3

Judicial Notice Instruction

Answer 3

In a civil case, the court must instruct the jury to accept the notice fact as conclusive. In a criminal case, the court must instruct the jury that it may or may not accept the noticed fact as conclusive.